QuestionsQuestions (DOJ DEPARTMENT CIRCULAR NO. 48)
The text cites Section 47(a) of CA No. 613 (Philippine Immigration Act of 1940) as amended, authorizing the President to waive immigration requirements and admit aliens as non-immigrants for a temporary period when public interest warrants, subject to prescribed conditions.
Administrative Order (AO) No. 142, s. 1994 transferred to the Secretary of Justice (or his duly authorized representative) actions on immigration matters, including waiver of visas and admission of aliens, except deportation matters.
Department Circular (DC) No. 35, s. 2009 designated the Chief State Counsel as the authorized signatory of Section 47(a)(2) visa indorsements.
Eligible categories include: (a) supervisors, specialists, consultants, contractors or personal staff employed at enterprises registered with PEZA/SEZ or BOI; (b) employees in enterprises with existing agreements with government (or subdivision/agency/instrumentality, including GOCCs or subsidiaries) for completion of a project; (c) exchange professors/scholars/trainees/students/participants/fellows/social workers sponsored by recognized educational/scientific/cultural/relief/charitable organizations and related entities (including certain foreign government representatives to recognized international organizations); (d) registered volunteers with the Philippine National Volunteer Service Coordinating Agency (including foreign personnel of international rescue/aid organizations assisting during disasters/emergencies); and (e) dependents of foreign nationals covered under the foregoing categories.
They must file an application under Section 3 to fix the duration of their authorized stay in the Philippines, except that foreign volunteers registered with the PNVSCA and issued visas valid for a fixed one (1) year from issuance are exempt from this requirement.
The sponsor/company must execute a sworn certification and undertaking stating, among others: admission is pursuant to a contract with government or private firm; employment is required for company operations; no derogatory record/pending case for the foreign national within specified timeframe; sponsor will conduct an understudy/training program for Filipino workers; sponsor will secure PEZA/SEZ/BOI clearance for transfers/additional employment; and sponsor will notify DOJ within three (3) days from termination.
The passport must be valid for at least six (6) months at the time of filing of the application.
The sponsor must certify that the foreign national has no derogatory record or pending case in his/her domicile, the Philippines, or any country of residence for the past five (5) years, and that the sponsor will notify the DOJ within three (3) days from termination of the program/scholarship/studies.
The dependent application requires: (1) a duly notarized letter request signed by the sponsor/company/organization/institution/agency/foundation and conformed to by the foreign national and dependents; (2) a sworn affidavit by the sponsor indicating guarantee of support and return fare with proof of financial capacity and stating no derogatory record/pending case for dependents; and (3) authenticated copies of documents including principal’s visa approval/requirements, dependents’ valid passports, marriage contract (for spouse), and birth certificates (for minor children).
The circular allows application “within a reasonable time during the principal’s authorized stay.” Documents include: a notarized letter request signed by sponsor and conformed to by the foreign national; a sworn affidavit guaranteeing support and fare with proof of financial capacity; and authenticated copies of the principal’s visa approval/requirements plus the dependent child’s valid passport and birth certificate.
The text provides: the period for processing from filing to implementation by the Bureau of Immigration shall not exceed ten (10) working days, with internal steps each limited to two (2) working days for verification/recommendation/review and two (2) working days for departmental action.
The sponsor may request visa implementation or revalidation by submitting: (1) a notarized letter request stating reasons; (2) authenticated copy of the previously submitted General Application Form, Checklist, and other supporting documents; (3) the foreign national’s passport (at least six (6) months validity, with admission stamp/authorized stay period); and (4) the original DOJ indorsement approval.
OLS-OSEC-DOJ requires presentation of originals of documents that must be authenticated under specified sections for purposes of authenticating the attached copies; however, applicants may submit originals or certified true copies instead. The original passport must always be presented for OLS-OSEC-DOJ authentication. PEZA/BOI registered companies duly certified/recommended/indorsed/ filed with OLS-OSEC-DOJ are exempt from authentication requirements under this section.
(a) Within ten (10) working days from arrival of the foreign national in the Philippines (for extension and fixing of duration of visas with no fixed period from abroad); (b) at least fifteen (15) working days before expiration of the entry visa (for change of admission status); (c) at least one (1) month prior to visa expiration (for extension of Section 47(a)(2) visas).
Fees per foreign national/dependent: change of admission status—PHP 6,000.00; extension of Section 47(a)(2) visa—PHP 6,000.00; implementation/revalidation—PHP 5,000.00; inclusion of dependents—PHP 3,000.00.